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State v. Rouse11/21/2005
JUDGMENT: Affirmed.
JUDGES: Hon. Joseph J. Vukovich Hon. Gene Donofrio Hon. Cheryl L. Waite
{ } Defendant-appellant Torry Jo Rouse appeals from her conviction in the Belmont County Court Western Division of operating a motor vehicle while intoxicated (OMVI). On appeal, she raises issues of ineffective assistance of counsel, probable cause to arrest, manifest weight of the evidence, and sufficiency of the evidence. For the following reasons, the judgment of the trial court is affirmed.
STATEMENT OF THE CASE
{ } Appellant was stopped by the Bethesda police at 11:50 p.m. on June 21, 2004 due to a missing exhaust and loud muffler and allegations of speeding and failing to completely stop at a stop sign. She was ticketed for a second violation OMVI in violation of R.C. 4511.19(A)(1)(a), reckless operation in violation of R.C. 4511.20, and improper exhaust in violation of R.C. 4513.22. She filed a motion to suppress in the Belmont County Court Western Division.
{ } At the suppression hearing, the state presented the testimony of the arresting officer, who was the long-time Chief of the Bethesda Police Department. He stated that he heard a loud racing engine and exhaust that sounded as though a car was doing "donuts." He then spotted that car rolling through a stop sign. He saw appellant look left, and he believed that she spotted his cruiser. He testified that she "floor-boarded" her car through the intersection at a high rate of speed. He puts his lights on and reached speeds of sixty miles per hour attempting to catch up with her. (Supp.Tr. 6). Appellant then pulled into her driveway, exited her vehicle, and threw the keys on the car's floor. (Supp.Tr. 6-7).
{ } The officer testified that appellant could not produce her license, registration, or proof of insurance after fumbling in her purse. (Supp.Tr. 7). He testified to a strong odor of alcohol emanating from her person and her car. (Supp.Tr. 7-8). When he asked if she had been drinking, she told him she was just trying to get home and that he should not make a big deal out of it. (Supp.Tr. 8). The officer also explained that appellant was argumentative throughout the stop. (Supp.Tr. 9).
{ } When he asked her to submit to the horizontal gaze nystagmus test, she started to comply and then refused to complete the test on the grounds that she had bad eyes. The officer then asked her to perform the one-leg stand; however, she refused, claiming she had a pin in her hip and was awaiting back surgery. (Supp.Tr. 8). Then, he asked her to perform the walk-and-turn or heel-toe test. She started performing the test, getting close to the nine steps required before the turn. However, she stopped to pick up her dog. (Supp.Tr. 8-9). When the officer advised her to put the dog down, she then picked up her young child who came out of the house.
{ } The officer testified that although she did not complete any tests, her balance was noticeably impaired. Thus, he arrested her for OMVI. She then refused to undergo a breath test. (Supp.Tr. 9).
{ } Appellant testified that she came to a complete stop and pulled out after looking left and seeing no traffic. (Supp.Tr. 24). She then described the winding road that leads to her house. (Supp.Tr. 25). She contended that it was impossible to drive sixty miles per hour on this road. (Supp.Tr. 32). She testified that she had not been drinking that night. (Supp.Tr. 27). She then explained why she could not take any of the three field sobriety tests. (Supp.Tr. 28-29). She claimed that she has trouble standing and that she does not completely have balance. (Supp.Tr. 30).
{ } The court overruled the suppressi
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